HomeMy WebLinkAbout20132313.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED USE BY
SPECIAL REVIEW PERMIT, USR13-0026, (FORMERLY KNOWN AS 4TH
AMUSR-552) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, FOR OIL
AND GAS SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING
FACILITY, RELATED GAS PLANT EQUIPMENT AND STRUCTURES, AND A
COMMUNICATIONS TOWER UP TO 100 FEET IN HEIGHT IN THE
A (AGRICULTURAL) ZONE DISTRICT - DCP MIDSTREAM, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 14th day
of August, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DCP Midstream, LP, 3026 4th Avenue, Greeley, CO 80631, for a Site
Specific Development Plan and Fifth Amended Use by Special Review Permit, USR13-0026,
(formerly known as 4th AmUSR-552) for a Mineral Resource Development Facility, for Oil and
Gas Support and Service, including, a natural gas processing facility, related gas plant
equipment and structures, and a Communications Tower up to 100 feet in height in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX13-0010, being part
of the SE1/4 of Section 28, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom, 822
7th Street, Suite 760, Greeley 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR13-0026) - DCP MIDSTREAM, LP
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A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
2) Section 22-2-80 D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicant, DCP
Midstream, LP, will be paying for all on -site and off -site
improvements associated with this use as required through the
improvements agreement.
3) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." DCP is a business that is in the
midstream segment of the natural gas industry. As part of its
business, DCP Midstream, LP gathers natural gas from
wellheads, performs gas processing, and transmits final products
to customers via pipelines. In Weld County, DCP operates an
extensive network of gathering pipelines as well as seven gas
processing plants. The DJ Basin area has recently seen rapid
expansion as new drilling technologies are allowing more oil and
gas to be produced. As a result, gas gathering and processing
capacity needs to be expanded in order to meet the growing
production. To meets these needs, DCP is proposing to expand
its existing Lucerne Gas Processing plant, which will include the
construction of a new on -site transformer component to facilitate
the required electricity to operate the expansion as well as
meeting the State air regulations. This proposal has been
reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval (noise limits
and the requirement that the applicant submit a Lighting Plan) and
Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and County, and will address
and mitigate impacts on the surrounding area due to the
expansion of this facility.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing Section 23-3-40.A.2 of the Weld
County Code provides for a Site Specific Development Plan and a Fifth
Amended Special Review Permit of USR-552 for Mineral Resource
Development, Oil and Gas Support and Service, including natural gas
processing facilities, related equipment and structures, and Section
23-3-40.A.2 provides for one (1) greater than seventy-foot in height, (100
feet in height communications tower) in the A (Agricultural) Zone District.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
slightly northwest to southeast. Land to the north is in agricultural
production and the eastern half of the southeast quarter has a USR for a
beet storage facility permitted by USR-1654; to the east, south and west
are lands in irrigated agricultural production. In the immediate area, there
are six (6) residences, including one (1) residence located on the
property, with the nearest residence located approximately 1,300 feet
north of the existing facility. There are ten (10) property owners and 23
parcels within five hundred feet of this proposed facility.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is within the three-mile referral area for the City of
Greeley, who indicated in the referral dated May 24, 2013, that the site is
within the City of Greeley's Long Range Expected Growth Area (LREGA).
The LREGA is the area within which the City is expected to grow over the
next 20+ years and a full range of municipal services will be available.
This site is also located within the City of Greeley's Industrial Land Use
Guidance area. This area is generally characterized by lands containing
shallow sloping land proximate to heavy utilities and heavy transportation
(such as US 85, or rail infrastructure). The proposed DCP facility will be
compatible with the anticipated uses within the area. The City is
recommending site landscaping adjacent to County Road (CR) 43 and
further indicates that the property is subject to a Water Service
Agreement between North Weld County Water District (NWCWD) and the
City of Greeley; however, at this time the City is amenable to allowing the
installation of the new fire hydrant, and in the future will review requests
for water per the water services agreement between NWCWD and the
City. The applicant is proposing separation of use with an agricultural
crop buffer.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs. The existing site is not within a recognized overlay district,
including the Geologic Hazard, Flood Hazard or Airport Overlay District.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This existing DCP Natural Gas Processing Facility is sited
on multiple parcels of approximately 9.947 acres. The current
infrastructure, including pipelines and above and below grade
improvements, provides for the opportunity to expand the current facility
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at this location with the acquisition of adjoining lands. The proposed
expansion to the existing facility in review here and future expansion will
be located on an 80 -acre parcel adjacent to the current site. The existing
and proposed facility are sited on lands that are designated "Prime" on
the Important Farmlands of Weld County map dated 1979. The existing
improvements and proposed expansion will encumber approximately 50
acres of the parcel with the remaining lands available for agricultural
production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of DCP Midstream, LP, for a Site Specific
Development Plan and Fifth Amended Use by Special Review Permit, USR13-0026, (formerly
known as 4th AmUSR-552) for a Mineral Resource Development Facility, for Oil and Gas
Support and Service, including, a natural gas processing facility, related gas plant equipment
and structures, and a Communications Tower up to 100 feet in height in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0026.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights -of -way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5) County Road (CR) 43 is designated on the Weld County Road
Classification Plan as a collector roadway, which requires 80 feet
of right-of-way at full buildout. The applicant shall verify the
existing 60 feet of right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way.
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If the existing right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County.
6) CR 64 is designated on the Weld County Road Classification Plan
as an arterial roadway, which requires 140 feet of right-of-way at
full buildout. The applicant shall verify the existing 60 feet of
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the existing
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
7) The applicant shall show the approved accesses on the plat and
label with the approved access permit number (AP12-00325).
8) The approved Lighting Plan for the Facility.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application from the Air Pollution Control
Division (APCD), Colorado Department of Health and Environment to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Alternately, the applicant may provide
evidence from the APCD that they are not subject to these requirements.
C. An accepted Final Drainage Report stamped and signed by a registered
Colorado professional engineer is required.
D. An Improvements and Road Maintenance Agreement is required for this
site. Road maintenance, including dust control and damage repairs during
construction, will be required.
E. The applicant shall submit a design to prevent the tracking of mud and
debris from the facility onto the County roadway.
F. The applicant shall submit a written request to vacate SUP -172, approved
in 1972, for a feedlot located on lands associated with this permit.
G. The applicant shall submit a Lighting Plan for the facility.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
3. Prior to issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
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I.S.D.S Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
B. The applicant shall develop an Emergency Action and Safety Plan with
the Office of Emergency Management and the Fire District. The plan shall
be reviewed on an annual basis by the facility operator, the Fire District
and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services.
5. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
7. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
8. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Special Review plat is ready
to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD ci Y, COLORADO
ATTEST:
Willia
Weld County Clerk to the Board
EXCUSED
Douglas Rademacher, Pro -Tern
BY:
Deputy Cler
hair
P. Conway
APP
Freeman
ty Attorney
net
arbara Kirkmeyer.
Date of signatureSEP 0 5 2013
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP MIDSTREAM, LP
USR13-0026
1. The Site Specific Development Plan and Fifth Amended Use by Special Review Permit,
USR13-0026, is for Mineral Resource Development, Oil and Gas Support and Service,
including natural gas processing facilities, related gas plant equipment and structures,
and communications tower up to 100 feet in height in the A (Agricultural) Zone District,
and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
7. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
8. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of Hazardous Air
Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
11. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
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DEVELOPMENT STANDARDS (USR13-0026) - DCP MIDSTREAM, LP
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12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. Building permits may be required for any new construction, alteration, or addition to any
buildings or structures on the property, per Section 29-3-10 of the Weld County Code.
14. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
15. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist
on the property, or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
16. The historical flow patterns and runoff amounts will be maintained on the site.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
18. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
19. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
20. The facility will operate 24 hours per day, 365 days per year.
21. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan on or before March 1st of any given year signed by representatives for
the Fire District and the Weld County Office of Emergency Management to the
Department of Planning Services.
25. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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26. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
27. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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